Vol. 497 No. 6
9 Mr. Quinn asked the Taoiseach if he will consider alterations to the Cabinet handbook to oblige Ministers to publish in a timely manner reports commissioned by them from consultants and expert groups which are likely to form the basis of future legislative proposals; and if he will make a statement on the matter. [25551/98]
As the Deputy will be aware, the Cabinet handbook sets out the steps to be taken by Ministers in formulating, obtaining Government approval for and presenting legislative proposals to the Houses of the Oireachtas. However, I do not consider that it is possible to make a general rule on publication of the type of reports to which the Deputy refers. Such reports will be received on a diverse range of issues and I am satisfied that each should be the subject of separate consideration.
In principle, all useful material should be available to assist Oireachtas Members in considering proposed legislation. However, it is ultimately a matter for each Minister to decide on publication of such reports having weighed up the considerations involved.
Since early summer, the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, who is perhaps legislatively the most challenged Minister with a spectacular failure rate as regards delivery against promise, has been systematically quoting on the airwaves from a partial report he received from the SMI, known colloquially as the Leahy report, on proposals for changes in the criminal law and its procedures. However, the Minister has not quoted this report in the House. On numerous occasions the Minister has quoted this report on "Morning Ireland" and other radio programmes, deriving some degree of vindication for initiatives he might see as necessary. However, the public is presumed to know what this report might be and what its recommendations contain. The Members of this House do not have access to this report. If we have government by consultancy, as is increasingly the case with this and previous Governments, does the Taoiseach agree there is a fundamental need to change the procedures in Cabinet so that if the Government commissions reports to assist policy formation, it would be desirable in the interests of democratic transparency that the contents of these reports be published? A report does not commit the Government to action.
The Deputy should ask a question.
Does the Taoiseach not agree that frequent quotations from a report by a Minister give the impression that reports are in the public domain, even though this may not be the case? Does he also agree that this contradicts current guidelines? Will he consider changing the guidelines so that Ministers are required to publish the contents of reports within a specified period and without prejudicing whatever decisions the Government may make? The Leahy report was submitted in mid-September and is still being quoted by the Minister for Justice, Equality and Law Reform, yet it has not been published.
There is no reference to specific reports in this question.
I am helping the Taoiseach so that he can give a focused reply.
I thought this report was raised on the Order of Business a few weeks ago and the Minister put it in the Library that day. It may have been another report but I will check.
A Leas-Cheann Comhairle——
We do not want a debate on this issue as it was not covered in the question. The Deputy had a great deal of latitude.
I am making the point that under pressure the report was finally published. This was also the case with hospital waiting lists. Ministers generally, and the Minister for Justice, Equality and Law Reform in this case, are commissioning reports, quoting from them authoritatively and not publishing them. In so doing they are damaging the prospect for democratic debate and accountability in this House. As a consequence, does the Taoiseach think there is a need to change the Cabinet handbook to ensure that this kind of democratic abuse does not continue?
On a lighter note, I find that as soon as we publish these reports no one ever refers to them again.
They do not read them.
It is more democratic when they are leaked as everyone debates them.
The Government is leaking them.
The Taoiseach without interruption.
It should not be in the handbook as it should not be definitive. There are different circumstances. Normally if reports are prepared for Departments they should be circulated as soon as possible after they are discussed at Cabinet.
